The Proceedings of the Old Bailey

 

1837.   JOHN PESMAN ,   ANTHONY COLVIN ,   JOHN FORBES ,   HENRY SERJEANT , and   CHARLES QUIXLEY , were indicted for a conspiracy .

MESSRS. BARRY and CLARKSON conducted the Prosecution.

  WILLIAM REES . I am a mariner. I was employed up to March last, on board the Royalist South Sea whalefisher - I was entitled to two tons of oil on board that vessel, instead of wages; the oil was sold at 70l. per ton- we arrived at Gravesend on the 21st of March last; Colvin and Pesman came on board, and brought some gin to entice as to sell our voyage, but I would not sell mine- Colvin did not then say any thing about any debt I owed him; we arrived in the London Docks on the 22nd- I took a lodging at   Philip Sullivan 's; on the 25th of March, Colvin and Forbes called on me; I was coming

home that morning - when they saw me, Colvin told Forbes I was the man, and he had nothing more to do with me, pointing with his finger to me; Forbes then took charge of me, and said, "Come home to breakfast, I want you to take a walk with me" - I went in and took my breakfast, and afterwards he told me to take a walk with him; I went with him and   Phillip Sullivan - as we walked along he said I was his prisoner; I said, Why? - he said it was a debt I owed to Colvin; but I never owed him a farthing, except for porterage and waterage - I do not know what that might amount to; Sullivan was walking with me at the time, and must have heard what was said - he told me to walk on one side the street, that he might not disgrace me in the neighbourhood; he took me to the Mitre public-house, and Forbes called for a pint of gin and half a gallon of beer - I partook of it, I never object against a glass of grog; and Sullivan drank same - when I was half drunk, Forbes took me into the back parlour; Colvin, Pesman, Quixley, and Serjeant came in - we had drank the gin and beer in the other room; they said that I should go to gaol, if I would not pay Colvin nine weeks board that I owed him - Pesman said that for one: they said the amount of the bill was 7l. 13s. - I said I would not go to gaol for any one, to disgrace myself; Sullivan said he and another housekeeper would give bail for me if I owed any money - both Forbes and Colvin said they would not take bail at all; after they refused bail, they said I should go to gaol - I told them I would not go to gaol; Pesman told me I should if I would not sell the voyage, meaning my share of oil -I said I would not sign any bill of sale at all; I would not take a pen and ink in any bill of sale at all; I would not take a pen and ink in my hand - they had not mentioned a bill of sale, until I had agreed to sell the oil, and I offered my whole share of oil for 90l., clear of all debts, dues and demands - they would not agree, and I was compelled to do it or go to gaol; Pesman offered me 44l. 6s. 6d. I objected to it, but at last signed the bill of sale for it; it was a written paper, I believe - I did not read it; I can read - I only signed it; I believe Sullivan has it - this is a receipt given by Pesman, after the bill of sale was signed (read)

"I,   John Pesman , have this day purchased of   William Williams , of the ship Royalist, his share of oil at 70l. per ton, if he should be entitled to more than 70l. per ton, the balance I promise to pay. JOHN PESMAN.

I do not know what became of the bill of sale; I was drunk, and was compelled to sign it - all the prisoners were there at the time; I do not know who said any thing about the cheque - Pesman gave a cheque on the Bank; I did not see it to my recollection - my landlord told me of it; Sullivan went to the Bank with Forbes, and I was kept a prisoner all the time - (cheque read) "For 44l. 6s. 6d. on Sir William Curtis and Co., signed J. Pesman." Sullivan and Forbes went with it; I was Serjeant's prisoner at the time - Pesman and Quixley were there; when Forbes and Sullivan came back they reckoned the money on the table - a bill was then made out against me, of 7l. 13s., due to Colvin, and 1l. 5s. for the writ; I paid that and was set at liberty - I afterwards applied at Pesman's for the balance of my money; I cannot tell exactly when it might be - in the course of a week or two, I went to his house in Wapping; he began to kick up a row with me at his own door; he said he would not give any more money, as the oil had not been sold for any such price - Quixley drew this receipt and Colvin signed to it.

Cross-examined by MR. PHILLIPS. Q. What is your name? A.   William Rees -   William Williams ' name is in the ship's book; that is a man who was lost, and the captain told me I should go by that man's name - I am half a Welchman and half an Irishman; here is William Williams on these ship's articles, but it is not my hand-writing - I do not see the name   William Rees here; I never signed the name of   William Williams to any document.

Q. Is the name of William Williams on this paper your hand-writing? A. No, Sir, it is not - I did not sign it in the presence of Sullivan; I signed the bill of sale in the name of   William Williams - I declare to God I did not think of that; I dare say that is the paper I signed - this is   William Williams ; this is the signature I swore was not mine - I was before the Lord Mayor; I was not sober - I was sworn and examined, but did not well know what I was saying; I do not know how long I was being examined, perhaps half and hour - I did say, before the Lord Mayor, that I owed Colvin for waterage and porterage; I cannot say whether I said Pesman and Colvin had come on board the ship at Gravesend - I cannot say whether I did mention the porterate and waterage, but I know that is all I owed Colvin; I formerly, lived at Colvin's for five weeks, but did not promise him I would go to his house again after the voyage - I did not intend to go there; I gave him 1l. 7s. 6d. and I paid him 4l. 10s. at Gravesend.

COURT. Q. When did you pay the 1l. 7s. 6d.? A. About five years ago, when I was going to the Coast of Peru - I gave him the other money on board the ship between decks, down by the starboard side.

MR. PHILLIPS. Q. How often have you seen Mr. Isaacs? A. Several times; not at his own house, but some place in the country - I went down to a farm-house; I shall not swear in what part of the country - Mr. Isaacs. paid my expences down, and I was there three months; I cannot tell how often he visited me - I cannot tell whether he has been down twenty times talking about this business.

Q. What is the name of the place where the farmhouse is? A. I do not know the name of the town.

MR. PHILLIPS. Q. How far is it from town? A. That I cannot tell neither - I went in a coach; I suppose I was about four hours going - I did not know Isaacs before I went to the Mansion-house, but I believe he is the best friend I have got in London - we have not been conversing about what I was to swear at this trial; he merely came down to see how my health was getting on- we drank together, and he paid; the landlord's name was James Hall - he has a farm, and keeps a public-house; it was the public-house I was at - the sign of the George and Dragon; I do not remember the name of the coach I went by - Isaacs did not go with me; he told me to stop at Mr. Hall's, but I do not know the name of the town - the coachman took me to the house.

Q. You swear you do not know the name of the town? A. No, I do not swear it; it was in a village.

Q. Now do you mean to swear that you do not know the name of the village you were living in for three

months, and that you never inquired? A. No, I shall not swear it.

COURT. Q. You are upon your oath, do not you know the name of the village where you wereliving - what County was it in? A. Essex, I believe; I cannot tell you the name of the town - I never inquired.

MR. PHILLIPS. Q. What was the name of the place? A. Brentwood; that is what I heard them say - I never saw any market there - there was a fair there once.

Q. Upon your oath, did you not know the name of the town all through the examination? A. I cannot swear to that.

Prisoner Colvin. Q. Did you say you gave me 4l. 10s. when you went out to Peru? A. Yes - I came out of the cabin, took two months in advance, and gave you 4l. 10s; you took the money, went on shore, and bought me a pair of trousers and 3lbs. of soap out of it.

Prisoner Colvin. He ran away from the ship, and I paid 3l. out of the money to a man for him; he was naked when I took him in, and he confessed before the Lord Mayor that he owed me 7l. 13s. Witness. I said I owed him something.

MR. CLARKSON. Q. Why did you sign that paper by the name of Williams? A. I went to the office with Serjeant, from the Mitre, to overhaul the ship's articles - I could not find my own name in the articles, and I signed that in the room of my own name.

  PHILIP SULLIVAN . I lived at No. 2, Bremer's-court, Gravel-lane. Rees came to live with me on the 22nd of March - he continued there till the 25th, except when he went out occasionally, and eat and drank at my house. On the 25th Forbes and Colvin came - when I went down they were at the door; they asked if Rees was at home- I said No, he did not sleep there that night; I was talking to Colvin, whom I had known for some time, and Rees came down from Ratcliff-highway - Colvin pointed to Rees, and said, "Forbes, there is the man, I give charge of him - I have nothing more to do with him;" he then went away - Forbes asked him if he had had his breakfast; he said No, and he desired him, being his prisoner, to get his breakfast as soon he could - when he had done breakfast he ordered him out into the street; I accompanied him - I did not hear what passed between Forbes and Rees till we got to the Mitre; except that Forbes told him to walk with me and one or two more for fear of disgracing him, being known there; we got to the Mitre, where they called for liquor freely, and treated every body there - the others came in; the Mitre is about a mile from my house, near Aldgate-street - we went into the tap-room, where they called for the beer and gin; Rees drank, and so did Forbes - I was quite sober; nothing passed between Forbes and Rees till the others came - we were conveyed into the parlour by Pesman Quixley, and the others; when Pesman came, he said;" What is this business about?" Forbes said that Rees was taken prisoner; they asked Colvin if he had his bill- he said No, but he could make it out by word of month; I cannot say which of them it was that asked the question- Serjeant made out the bill; this is it - Pesman asked Rees if he would sell his voyage, his share of oil; he said No, he would not - I then offered myself, and another housekeeper, as bail till the ship was paid; Colvin refused, and swore he would have they money - I then told Rees to go to gaol, and said I would see him provided with every thing he wanted till the ship was paid; Rees said he thought it was a very hard case, after being at sea for thirty-two months and four days, to go to gaol for a debt he never contracted - Pesman then said he had better come to a settlement with Colvin, and he would give him 44l. 6s. 6d. for his share of oil; he asked what share of oil he had - he said, two tons and three barrels - Pesman told him not to mind the three barrels, as they would be little enough to make up the three tons, for there had been an alteration in the measure since he left London; he agreed to give 70l. a ton for his share of oil, and if it came to more he should have the balance - Rees said he would not accept of it; he said he would give him 44l. 6s. 6d. if the oil sold for 70l. a ton, and if it sold for more he would pay him the balance -Rees was unwilling to sell till he got a little in his heard, which was apparent to the five persons present, or to any person who saw him; when he got a little more, he agreed to sell it for 44l. 6s. 6d. sooner than to go to gaol -Quixley wrote this paper - he said it was better to come to a conclusion, and to walk about like the rest of his shipmates, than to be confined; Pesman then made out a cheque for 44l. 6s. 6d. - I did not look at it particularly; I only just folded it up; Forbes and myself then went to the banker's, and received the money leaving the prosecutor in custody - I had the check; I returned, and found Rees in custody of Colvin - I counted the money to Rees on the table; Rees signed a paper before I went- they did not explain it, but folded it up in a narrow compass, and Rees signed his name at the bottom; it was a large paper, and folded - there was no writing on it that Rees could see; I looked at it while he was writing -Pesman then produced a blank receipt; I do not know whether there was any stamp to it - he asked Rees to sign his name to it; I said he should not sign it till I knew the contents - he said he wanted it to draw the amount of the wages from the owners, and it was of no consequence; he then made Rees sign his name to it - he signed his name William Williams; he was able to walk home, and that was all - Quixley said the receipt was of no cousequence; he might sign his name to it, it was no harm - this was before I went to the Bank for the money; when I brought the money Rees counted out 7l. 13s., the amount he was arrested for, as he thought - Forbes would not accept of it till 1l. 5s. was paid for the writ; it was Serjeant who put down 1l. 5s. for expences - Rees then gave them nine sovereigns, and they gave him 1s. out; Quixley wrote a receipt, and Colvin signed his name to it - this is the receipt, it is for 7l. 13s.; they did not give any receipt for the 1l. 5s. - no person asked for it; he was then at liberty; in the course of a little time I went with Rees to Pesman's, and asked if there was any balance coming to him - he told him not to come bothering him about it, for after all the money he had given him, he never came to lay out 1l. at his shop - he desired him to walk out of his shop; he keeps a slop-shop, in High-street, Wapping - none of the other parties were then present; there were some sailors there - to the best of my judgment, when Rees signed this paper he was not in a condition to know what he was about, he was in such a ter

ror and in such a fright - he was in liquor, and his mind in trouble besides.

Cross-examined by MR. PHILLIPS. Q. Were you sober? A. I expect so - I had drank both heer and gin after going to the Mitre; Rees, Forbes, Colvin, Serjeant,   Tom Donovan and I, drank - I saw Rees sign the receipt in the name of Williams; I saw him take the pen, but I was not near enough to see the way he wrote it - he wrote William Williams; I did not see it read.

COURT. Q. Why do you say he wrote William Williams? A. Because he was expected to do so.

MR. PHILLIPS. Q. How many papers did he sign? A. I have not heard what he has sworn here, but he signed two papers - we passed by Pesman's shop in going to the Mitre; I did not state so before the Lord Mayor - I do not know a man by the name of Levy; I may know his face.

Q. Do you know that man? (a person was here pointed out to the witness) A. No, I never saw him, to my knowledge before; I do not know a man of the name of Moss - I have seen that man (another person) frequently before; I never asked him to buy the oil on behalf of Rees nor to advance any money upon the oil - I never saw Moss in company with Rees before the day we were at the Mitre; he was in and out - he was not there the whole time; he had nothing to do with the business -Rees did not, in my presence, ask Moss to get Levy to advance money on this oil; nor leave the Mitre, in my presence, with Moss, to go to Levy, to see if he would advance money on his share - he went to overhaul the ship's articles, to see about his name; that was the intention with which he left the house - they made an advance as his name has been scratched out by the captain, as there was a man left at St. Helen, and the captain said he should go by that man's name; Moss did not tell me that he was Mr. Levy's clerk - this bill was drawn out for Colvin; I did not say that Quixley wrote it; all I said was that Quickly wrote the two receipts - not that Quixley wrote the bill by Colvin's desire; to the best of my knowledge I never expressed that word - Rees boarded and lodged with me for thirteen weeks, and then I got tired of him; Mr. Isaacs took him and sent him into the country, for fear he should be tampered with by this party - he did not tell me what part of the country; I have no idea where it was - I have seen Mr. Isaacs; he told me to tell the truth, and that I always will do - Rees appeared to me to he sober at the Mansion-house: he might be in terror - to the best of my opinion he had only one glass of liquor, but I had not been with him all the morning - the sale of the oil was on the 25th of March, and I think in April we went to the Mansion-house; he went to recover his own rights - I did not hear him tell the Lord Mayor that he had not a stick to cover him, tell the Lord Mayor that he had not a stick to cover him, nor a farthing in the world; the money was not spent when he went - I can swear I had more than two sovereigns of his money to take care of; he would not want for a meal if I had it, if he was never to pay me for it - Mr. Isaacs brought an action against the owner of the ship for this very oil by Rees's direction; I know they brought the action for the whole of the oil - the Sheriff's officer arrested him for the whole amount; I did not go for Quixley and Pesman from the Mitre - I do not know that any one did; I did not know them, and cannot tell whether they frequent the Mitre or not; Quixley did say, that if in case Rees was entitled to more than 70l. a ton, and left the receipt with me, I could get it, but he did not say from whom - I cannot say whether Moss was present or not; Colvin was bailed - I do not know whether the others were required to give bail.

Prisoner Colvin. The day after the ship came into the London-docks, I went down to this man, and he said, if we can get him to sell his wages, we will, for he has been arrested for a suit of clothes, and I do not know how I shall get my money - Sullivan took him out of my house to his house, and I went there. Witness. I never did; I saw Colvin the day Rees came on shore - he was quite drunk, and when he saw me he began shedding tears for joy, at seeing me.

MR. CLARKSON. Q. At the time you saw Colvin with Rees, did Colvin say any thing about any debt? A. No, he went and got a pot of beer - we drank it, and then Rees went home to my house.

Prisoner Colvin. Q. Did I not mention it to you the day after, and you said, I should get my money? A. No.

COURT. Q. Upon the oath you have taken, did you know Colvin claimed any debt before the morning Rees was taken? A. Upon my oath I did not - Rees did tell me, that morning, that he owed him a trifle, but he did not say what.

  MOSES NATHAN . I am a Jew, and so is Pesman, but I believe Quixley is not. I live in Ratcliff-highway -Pesman is in the clothes business, and a slop-seller ; he finds clothes for seamen, and fits them out - the name of Pesman and Quixley is on the door; I live next door but one - I have seen Forbes in the neighbourhood, but I do not know whether he is in the employ of Pesman and Quixley; Harris takes care of the shop when Pesman and Quixley are not there - I have seen Forbes there when Harris, Pesman, and Quixley, have not been there; I cannot say that I have seen him managing the business - Forbes is a tailor ; Serjeant is a shoemaker ; he taken in lodgers, and lives in Pell-street, forty or fifty yards from me - it is at the back part of Pesman's shop; Serjeant does go on board ships to get seaman - Colvin is a waterman ; I cannot say where he lives - he goes on board ships to get sailors, and takes them on shore.

Cross-examined by MR. ADOLPHUS. Q. Has Serjeant's residence any thing to do with Pesman's shop? A. No; many of the others about there get their living by getting sailors to lodge - there is nothing particular in getting sailors; I have known Serjeant ten or twelve years - he has been in and out of my house, and I have had goods of him; Serjeant has been a sailor.

Cross-examined by MR. BODKIN. Q. You have told my friend you have seen the names Pesman and Quixley on the door? A. I have - the house is let out to different lodgers; there is another person lives up stairs - Pesman and Quixley's names are written, up separately, one on one side and and one on the other.

COURT. Q. Was Forbes behind the counter or no? A. I did not particular notice - I never heard any thing to the contrary, but that Colvin was an honest man; there are two windows to the shop, one on each side the door -I cannot tell whether they are in partnership; Harris is constantly there - there is but one door, and there is no other name but Pesman and Quixley: neither of them live there.

  CHARLES ISAACS . I am an attorney, and live in Mansell-street, Goodman's-fields. I have kept Rees in the country this three months.

Cross-examined by MR. PHILLIPS. Q. Has not Rees instructed you to bring an action against the owner of the Royalist for the entire amount of his share of the oil? A. Yes; I have arrested him for the whole sum - I cannot tell how much money I have paid for Rees; they have not sent me in the bill from the public-house - I never drank with him there; I never conversed with him on the evidence he was to give here - my clerk took down his evidence; I never did - I have been down to Brentwood on business, but never saw him; I saw him four or five times in the three months - my clerk paid his coach-here; I told my clerk to send him down to Mr. Halls, at Brentwood - I may have paid 15l. or 16l.; I will not swear I have not paid 30l. - I will swear I have not paid 50l.: I have his cause in hand, and I expect to get it - that will re-pay me; it was by my advice that he brought the action against Mr. Smith.

  HENRY JACOBS . I am a clerk to Mr. Isaacs. I went in March to the King's Bench to the Filazer's office, and to every public office where I thought a process could be issued by Colvin against Rees - I found no bill nor any serviceable process.

Cross-examined by MR. BODKIN. Q. Were you present at the Mansion-house? A. Yes; Rees was like other sailors - he had been out passing the morning, but he appeared to give his evidence as a sober man; I took him from the Grand Jury room, as he was walking in the street, to the Spread Eagle, Gracechurch-street, and took him by the Norwich coach to Brentwood; I staid with him from the Friday till the Sunday - I did not tell him the name of the place; I cannot tell whether he knew it - I went to him there three times; I have drank in the same room he was sitting in - I paid for myself; the liquor he drank, the people who were there paid, he being a sailor; I did not write to him while he was there; I have conversed with him about his evidence here several times.

COURT. Q. You have heard his evidence this morning - does he appear more competent to give his evidence now than he did at the Mansion-house? A. Yes; more so.

Prisoner Colvin. I said I had no money, and he turned round, and said, "If you will turn evidence against the master, it will be something in your way. Witness. No, I did not - I was sent for; I saw him in a very destitute state: he said, "What am I to do?" I said,

"If you have any thing to state, put it on paper, and I will attend to it,"

Mr. ADOLPHUS addressed the Jury on behalf of Forbes, and Mr. BODKIN on behalf of Pesman and Quixley.

  PHILIP SULLIVAN re-examined. Q. Which room were they in when you went for the money? A. In the back parlour - there was no other person there that I took notice of; we had the drink in the tap-room - they had no drink in the parlour, unless it was while I was gone for the money- the agreement was made in the parlour.

Cross-examined by MR. BODKIN. Q. When Pesman and Quixley first came, where were you? A. In the taproom - we were there a quarter of an hour, while they were going backwards and forwards to overhaul his name; he had stated that he was entitled to two tons and three barrels of oil, before they went into the parlour.

Colvin's Defence. I am innocent. I kept the man when he was in distress; this man never kept him, only when he found he had a little money - I only received 4l. 10s. of him, and he had no clothes.

  JOHN MOSS . I am clerk to Messrs. Levy and Co. of Leadenhall-street - the Royalist was paid off there by Mr. Smith. the owner, about the 19th or 20th of April - it generally happens that the men have advances made - about three weeks generally elapse before the company are paid - the parties who have made advances attend when the ship's company are paid; I have known parties receive the whole of the sailors money; I was not in the counting-house at the time the Royalist was paid, but I was in the warehouse adjoining - I did not see Rees. I was at the Mitre on the day in question; I went about ten o'clock in the morning for change; while I was getting change, Colvin came out of the tap-room, and said there was a sailor of the Royalist there who wanted an advance, and asked me if Mr.Levy would make the advance - I said No, he would not; I said immediately, "Why don't you go to Pesman's or Quixley's, as they are in the habit of advancing money to the people;" he said No, he would rather Mr. Levy would do it, but he might go over, and see - I then left; I went there again about eleven o'clock, with a friend; while in the parlour, Pesman and Quixley came in - Pesman asked me if there was any sailor of the Royalist there; I said there had been some there about ten o'clock - Pesman then went out, and Quixley remained -Pesman returned in two or three minutes with Colvin, Rees, and one or two others. in sailor's dresses - Quixley turned round, and said to Rees, "Well, my man, what countryman are you?" he said, a Welchman - Quixley said, "I think you are an Irishman; before I can make you any advance, you must go over to Mr. Levy's, to see whether you belong to the ship;" Quixley, Rees, and his lodging-house keeper then left, and returned in about ten minutes or a quarter of an hour; Quixley then said the man belonged to the ship - he had pointed out his name - they sat down at an opposite table; I and my friend got up to leave the place; Quixley asked me if I would be kind enough to witness the payment of the money - I staid a few minutes; the man was complaining that he wanted a greater advance - Quixley said, "I shall not think of advancing you more till such time as your ship is paid, as dont know how it will turn out; the price of oil has fluctuated very much;" Quixley said,

"You are not compelled to take it, and I shall advise you to wait till the ship is paid;" but he said he must have money, as he wanted to go to Liverpool; he said, "Let's have it;" Quixley then wrote the receipt, Pesman this cheque, and Rees signed the receipt - this is it: after that, Pesman, Quixley, and my friend left the house - there was a memorandum given, just as I came away, that if the oil sold for 75l. a ton, he should receive the benefit of it; the whole cargo has been sold at 70l. a ton - the expenses of the voyage are to be deducted from that; I was present during the whole of the transaction, till Pesman and I left - I think Pesman made an advance; I saw no other paper signed by Rees but the receipt - I am positive of that - if Rees had attended at my house at the time the ship was paid, he would have received his money.

MR. CLARKSON. Q. Did you attend before the Lord

Mayor? A. Yes; I was asked if I knew any thing about it, and I said what I have stated - I did not say I knew nothing about it; I have known Pesman and Quixley these three years - they are partners in some transactions, not as slop-sellers that I know of; Forbes is not in their employ to my knowledge - Pesman and Quixley have not applied to my employers for this to my knowledge; the prosecutor is entitled to the one hundred and fortieth share of the net proceeds of the one hundred and fortieth share of the net proceeds of the cargo, but I do not know what they are; I was not at any time in the tap-room; I do not know what passed there: I did not see a hill of sale signed, I think if it had been I should have seen it; I did not see a folded paper given to him to sign; he appeared sober; I do not know that he was in custody; Forbes was there when Pesman and Quixley were - I heard nothing about custody; if it had passed I think I should have heard it; Colvin was there - I heard nothing about 7l. 13s. - I do not know where Pesman and Quixley went to, they parted in Aldgate; Sullivan was there - I did not hear one word about any claim made upon Rees by Colvin - Sergeant was there, I have seen him repeatedly - I did not know what he was; I do not know what a crimp means; I do not know that Colvin is a depuly crimp, he is a waterman; I have been agent to Mr. Smith about twelve years - I do not know what a crimp means, unless it be to follow seamen to take orders from them for clothes; Pesman and Quixley are in partnership as crimps certainly - I do not know that Colvin is a deputy crimp in their service - I do not know that Forbes is a crimp in their service; I have been at their place five hundred times; I have not seen him there twenty times; they have three shops, I never saw Forbes behind Quixley's counter; Mr. Levy supplies Pesman and Quixley with slops - I get no commission when they receive money.

MR. BODKIN. Q. Have you heard the word crimps applied to persons who get recruits for the army? A. Yes; when a bill of sale is given for a man's interest in a cargo, it is usual for a copy of it to be sent in and lodged with the agent - no such copy was sent to Mr. Levy in this instance.

  JOHN BATTERSBY . I am an agent to Mr. Lidiker; he is in the South Sea trade; ships in that line are usually paid three or four weeks after their arrival in the river - the men often have advances; a copy of bills of sale are sent to thein, or the agent would pay the sailor - I have known Pesman twelve years; he has made advances to the crews of our ships - I know Quixley by sight; when I have seen him the men have accompanied him to the office, and they have made a settlement.

  JOHN CLARK SPRUE . I am a ship's husband. I have known Pesman ten or a dozen years; it is the practice of the trade, when a bill of sale is made, to lodge it with the agent - without that the agent takes the money.

MR. CLARKSON. Q. If the sailor does not accompany him, the person does not get paid? A. No.

COURT. Q. Suppose a person produced a receipt on account of so much of a share of oil, would you not pay that? A. Yes certainly; if the sailor desires they frequently leave a note.

Mr. Francis Hobler produced a minute of the depositions taken at the Mansion-house, which corresponded with the evidence which had been given.

MR. LEVY. All I know of this transaction is, that on the 18th of April, on my return from the City, I found a notice from   Charles Isaacs not to pay Pesman, and threatening me with an action - that is the only notice I have received.

COURT. Q. Then the share is wholly unpaid? A. Mr. Smith paid something in the Court; the whole proceeds of the cargo was 14040l., his share is 100l. 5s. 8l. - the set off is 31l. 12s. 9d.; the amount due to him 68l. 12s. 11d. - Mr. Jacobs afterwards called on me on the part of Mr. Isaacs, and asked if I would pay this balance to the man; I said I was not certain we should have the payment of the ship, but I would recommend the owners to withhold payment of the balance, till this matter was settled - on the 19th of April, Pesman called to know when the ship would be paid; I said what is this occurrence? I have received a notice so and so; he stated that the parties intended to defrand him of a large sum of money, which he had advanced - that was the only reply he made; sometime after they lodged an attachment in the hands of the owner, for the amount of this man's share, which I bailed - then they withdrew that, and commenced an action for his share.

MR. CLARKSON. Q. Is the action against you settled? A. No, I believe not.

Mr. Clarkson addressed the Jury.

COLVIN - GUILTY . Aged 49.

PESMAN - GUILTY . Aged 45.

FORBES - GUILTY . Aged 43.

QUIXLEY - GUILTY . Aged 36.

Confined Two Years .

SERJEANT - GUILTY . Aged 38.

Confined Six Months .